Ariz. R. P. Juv. Ct. 337

As amended through December 3, 2024
Rule 337 - Pretrial Conference
(a) Generally. The court may hold a pretrial conference before the dependency adjudication hearing to determine whether the parties are prepared and intend to proceed to the dependency adjudication hearing, or whether it is still possible for the parties to resolve the remaining issues without a hearing.
(b)Procedure Before the Conference. The parties must confer before the pretrial conference and determine:
(1) whether the parent will admit or not contest the allegations of the petition;
(2) whether the parties have completed disclosure under Rule 315;
(3) the amount of time needed for the hearing;
(4) the scheduling of the witnesses;
(5) any other issue raised by the parties; and
(6) whether the hearing will be closed to the public.
(c)Procedure at the Pretrial Conference. At the pretrial conference:
(1) The parties will advise the court of the status of the issues listed in section (b).
(2) If the parties wish to discuss possible settlement, the court may schedule a settlement conference pursuant to Rule 336 or mediation.
(3) A parent may admit or not contest the allegations, which the court may accept, and the court may proceed with disposition pursuant to Rule 339.
(4) The court may proceed with the adjudication as provided in section (e) if the parent fails to appear without good cause.
(5) The court may affirm or modify the trial dates.
(6) The court may limit the issues to be litigated at the dependency adjudication hearing.
(d)Admission/No Contest. If the court finds that the parent admits or does not contest that the child is dependent, the court may adjudicate the child dependent and enter its findings and orders pursuant to Rule 338 and set or conduct a disposition hearing pursuant to Rule 339.
(e) Failure to Appear.If a parent fails to appear, then pursuant to A.R.S. § 8-844(F) the court may proceed with the dependency adjudication and disposition if it finds on the record specific facts upon which to adjudicate the child dependent and that the parent:
(1) had notice of the hearing;
(2) had been admonished regarding the consequences of failing to appear, including a warning that the hearing could go forward in the parent's absence, and that failure to appear may constitute a waiver of rights and an admission of the allegations contained in the dependency petition; and
(3) failed to demonstrate good cause for the failure to appear and is deemed to have waived the parent's rights and admitted the allegations in the dependency petition.
(f)ICWA. To complete an adjudication when ICWA applies, the court must make findings pursuant to the standards and burdens of proof required under ICWA and the Regulations, including whether placement of the Indian child satisfies ICWA § 1915 and 25 C.F.R. § 23.131 or whether there is good cause to deviate from the preferences.
(g)Affirm the Dependency Adjudication Hearing. If the parties are unable to agree, the court must set or affirm a dependency adjudication hearing date or set another proceeding to facilitate settlement. The court may order the parties to file, prior to the adjudication hearing, pretrial statements pursuant to Rule 315(d) or proposed findings of fact and conclusions of law.
(h)Admonition. The court must provide a copy of Form 1 and request that the parent sign and return the form to the court to ensure that the parent understands the parent's rights, responsibilities, the future court dates, and the consequences of failing to appear or failing to participate in reunification services.
(i)Findings and Orders. All findings and orders must be in a signed minute entry or order.

Ariz. R. P. Juv. Ct. 337

Adopted Dec. 8, 2021, effective 7/1/2022.